ARCHIVED — Vol. 145, No. 21 — October 12, 2011

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Registration

SOR/2011-216 September 30, 2011

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program)

P.C. 2011-1138 September 29, 2011

Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part Ⅰ, on May 22, 2010, a copy of the proposed Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program), substantially in the form set out in the annexed Regulations, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 (see footnote c) of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE
TETRACHLOROETHYLENE (USE IN DRY
CLEANING AND REPORTING REQUIREMENTS)
REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. Section 4 of the English version of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (see footnote 1) is replaced by the following:

4. No person shall use tetrachloroethylene for dry cleaning unless the tetrachloroethylene, waste water and residue are stored in closed containers at all times, except when access is required for operation or maintenance.

2. (1) Paragraph 5(c) of the French version of the Regulations is replaced by the following:

  • (c) elle empêche l’évacuation dans l’atmosphère des vapeurs de tétrachloroéthylène provenant du tambour pendant les cycles de lavage, d’extraction, de séchage et d’aération;

(2) Subparagraph 5(f)(ii) of the French version of the Regulations is replaced by the following:

  1. (ii) où sont facilement accessibles des bouchons — faits de matériaux résistant au tétrachloroéthylène — pour sceller les drains de plancher vers lesquels le tétrachloroéthylène, les eaux résiduaires ou les résidus peuvent s’écouler en cas de déversement.

3. Sections 6 and 7 of the Regulations are replaced by the following:

7. Despite section 5, no person shall use tetrachloroethylene in a self-service dry-cleaning machine.

4. Subsection 9(1) of the French version of the Regulations is replaced by the following:

9. (1) Le propriétaire ou l’exploitant d’une machine de nettoyage à sec doit, au moins tous les douze mois, faire transporter tous les résidus à une installation de gestion des déchets.

5. Paragraph 11(b) of the Regulations is replaced by the following:

  • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 1.

6. Paragraph 12(1)(b) of the Regulations is replaced by the following:

  • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 2.

7. Paragraph 13(b) of the Regulations is replaced by the following:

  • (b) submit a report to the Minister, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 3.

8. Paragraph 14(b) of the Regulations is replaced by the following:

  • (b) submit to the Minister a separate report for each dry-cleaning facility, no later than April 30 of the following calendar year, in a form determined by the Minister and containing the information specified in Schedule 4.

9. (1) Paragraph 3(b) of Schedule 4 to the Regulations is replaced by the following:

  • (b) indicate whether the machine is equipped with an integral refrigerated condenser

(2) Paragraph 3(d) of Schedule 4 to the Regulations is repealed.

10. Paragraphs 4(c) to (e) of Schedule 4 to the Regulations are replaced by the following:

  • (c) for each transport, the quantity, in kilograms or litres, of waste water transported to a waste management facility and the date of the transport
    (d) for each transport, the quantity, in kilograms or litres, of residue transported to a waste management facility and the date of the transport
  • (e) for each transport, the quantity, in kilograms or litres, of waste water and residue mixed together transported to a waste management facility and the date of the transport

COMING INTO FORCE

11. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (the Committee) made a recommendation to Environment Canada regarding section 4 of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (the Regulations).

Based on the Committee’s recommendation and review of the Regulations by Environment Canada, the Regulations Amending the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (Miscellaneous Program) [the “Amendments”] are developed to align the English and French versions of the Regulations, to improve clarity of the regulatory text and to enhance ease of reporting.

These Amendments do not make any substantive changes to the Regulations.

Description and rationale

Amendments based on the Committee’s recommendation

The Committee noted a difference between the English and the French version of section 4 of the Regulations and recommended that it be addressed. As a result, the English version of section 4 is amended by removing the word “proper” in the wording of that section.

Other amendments

Paragraph 5(c) of the French version of the Regulations is amended by changing the wording “elle empêche l’évacuation des vapeurs de tétrachloroéthylène…” to “elle empêche l’évacuation dans l’atmosphère des vapeurs de tétrachloroéthylène…” to align with the English version of the paragraph.

Subparagraph 5(f)(ii) of the French version of the Regulations is amended by changing the wording “…les siphons des sol…” to “…les drains de plancher…” to align with the English version of the subparagraph.

Subsection 9(1) of the French version of the Regulations is amended by changing the wording “…faire transporter les résidus…” to “…faire transporter tous les résidus…” to align with the English version of the subparagraph.

The Amendments repeal section 6 of the Regulations, since the provision related to carbon adsorbers expired on July 31, 2005. The Amendments also remove from the regulatory text any reference to that section. Hence, section 7 is amended to remove the reference to section 6.

Consequential amendments arising from the expiry of the provision on carbon adsorbers are made to paragraphs 3(b) and 3(d) of Schedule 4. Paragraph 3(b) of Schedule 4 makes reference to carbon adsorbers used in dry-cleaning machines. This reference is removed from paragraph 3(b) and paragraph 3(d) is repealed.

Clarification is made to the provisions related to the annual reports in sections 11, 12, 13 and 14. These sections will now require that annual reports be submitted by April 30th of the following year, replacing the current requirement that annual reports be submitted to the Minister “120 days after the end of that calendar year.”

Schedule 4 of the Regulations requires quantities of tetrachloroethylene waste transported to waste management facilities to be reported in kilograms. This is changed to allow for reporting of the quantities in either kilograms or litres. Accordingly, the Amendments add the wording “or litres” after “kilograms” in the texts of paragraphs 4(c) to (e), of Schedule 4.

The Amendments would come into force on the day on which they are registered.

Consultation

The proposed Amendments were published in the Canada Gazette, Part Ⅰ, on May 22, 2010. No public comments were received during the 60-day public comment period. Changes to paragraph 5(c) and subsection 9(1) were added to the proposed Amendments based upon internal comments and review.

Implementation, enforcement and service standards

The Amendments do not alter the manner in which the Regulations are enforced. Since the Amendments do not make any substantive changes to the Regulations, they will not result in the implementation of any new programs or activities. Consequently, developing an implementation plan or service standard is not required.

Contacts

Celia Wong
Environmental Protection Operations Directorate
Environment Canada
201–401 Burrard Street
Vancouver, British Columbia
V6C 3S5
Telephone: 604-666-9862
Fax: 604-666-6800
Email: celia.wong@ec.gc.ca

Luis Leigh
Regulatory Analysis and Valuation Division
Environment Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1170
Fax: 819-994-6787
Email: luis.leigh@ec.gc.ca

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote c
S.C. 2002, c. 7, s. 124

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/2003-79